What You Need to Know About Veterans Disability Settlement

The VA program provides compensation for disability based upon loss of earning capacity. This system differs from the workers' compensation programs.

Jim received a lump-sum settlement of $100,000. The VA will annualize the lump sum for one year. This will reduce his Pension benefit. He can only reapply after the annualized amount has been returned to him.

Compensation

Veterans and their families may be eligible for compensation from the government for injuries they sustained during their military. The benefits are usually an income from a pension or disability. If you are considering a personal injury lawsuit or settlement on behalf of a disabled veteran there are some important aspects to remember.

For example, if disabled richland hills veterans disability law firm receive an award in their case against the at-fault party who caused the damage and also has a VA disability compensation claim, the amount of the settlement or jury verdict can be withdrawn from VA payments. This type of garnishment comes with certain limitations. First an application to the court must be filed to apportion the funds. Then, only a portion of the monthly pay can be garnished, usually between 20-50 percent.

It is also important to know that compensation is based not on the actual earnings of a veteran, however, on an amount. This means that the higher a veteran's disability score is, the more they receive in compensation. Family members of survivors of a disabled veteran who passed away from service-related illness or injuries are eligible for a special benefit called Dependency Indemnity Compensation (DIC).

There are a lot of misconceptions about the impact that veterans' retirement benefits or disability compensation and other compensation from the Department of Veterans Affairs have on divorce money issues. These misconceptions can make divorce more difficult for veterans and their families.

Pension

Veterans Disability Pension is a tax-free benefit that is granted to veterans with disabilities that have been incurred or worsened during military service. It can also be accessed by surviving spouses and dependent children. The pension rate is set by Congress and is based on the amount of disability, the level of disability, as well as if there are dependents. The VA has regulations that govern how assets are calculated to determine eligibility for Pension benefits. Generally speaking, the veteran's residence as well as personal possessions and vehicle are excluded, whereas the veteran's remaining non-exempt assets must not exceed $80,000 to show financial need.

A common misconception is that the courts can garnish VA disability payments to accomplish court-ordered child or spouse support obligations. It is important to know that this isn't the case.

The courts can only take away a veteran's pension if they have renounced their military retirement pay in order to get the benefits of the disability. The statute that governs this is 38 U.S.C SS5301(a).

This does not apply to CRSC and TDSC, as these programs were specifically designed to provide a higher amount of income to disabled veterans. It is also important to keep in mind that the settlement of a personal injury claim for a veteran could limit their eligibility for aid and attendance.

SSI

Veterans who have an ongoing disability and have no income might be eligible for Supplemental Security Intake (SSI). This is a needs-based program. A person must have a low income and assets to be eligible for SSI. Some individuals can also receive pension benefits that are paid monthly by the VA. The amount they receive is contingent upon their service and wartime period as well as disability rating.

Most veterans are not qualified for both a pension and Compensation benefit simultaneously. If a person is eligible for an income from disability and a pension from the VA however, it won't pay them a Supplemental Security income benefit.

The VA is required to submit your monthly military retirement, CRDP or CRSC to the Social Security Administration (SSA). This will almost always increase your SSI benefit. SSA can also make use of the VA waiver of benefits to determine your SSI income.

If a veteran is ordered to pay a support amount by an order of a court the court can go directly to VA to levy the military retirement. This can happen in divorce proceedings when the retiree has to give up his retirement benefits from the military to pay VA disability benefits. The U.S. Supreme Court recently ruled in the case of Howell that this practice was in violation of federal law.

Medicaid

A veteran who has a disability resulting from service can qualify for Medicare and Medicaid benefits. He must prove that he has the look-back period, which is five years. He must also provide documents to prove his citizenship. He cannot transfer his assets without a fair value, however, he is allowed to keep one car and his primary residence. He also has the option of keeping up to $1,500 in cash or the face value of a life insurance policy.

In a divorce the judge could decide to include the veteran's VA Disability payments as income when formulating child support and maintenance after the divorce. This is because of the numerous court decisions that have upheld the right of family courts to use these payments as income in support calculations. These include rulings from Florida, Mississippi (Steiner v. Steiner), Wisconsin (In re Wojcik's Marriage), and other states.

The VA disability compensation is based on the severity of the condition. It is calculated based on a schedule that ranks the severity the condition. It can vary from 10 percent to 100 percent with higher ratings earning the highest amount. san juan veterans disability attorney may also be eligible for compensation to cover the cost of aid and attendance expenses, or a specialized monthly payment, which is based not on a specific schedule however, but on the severity of their disability.